Senate Bill S5285

2025-2026 Legislative Session

Relates to persons who may become a voluntary administrator

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-S5285 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1303, SCPA
Versions Introduced in Other Legislative Sessions:
2019-2020: S8930
2021-2022: S3164
2023-2024: S4342

2025-S5285 (ACTIVE) - Summary

Relates to persons who may become a voluntary administrator; includes fiduciaries of a deceased distributee, or a competent adult who is not a distributee upon the filed consent of all competent distributees as persons who can become a voluntary administrator prior to the chief fiscal officer of the county becoming such.

2025-S5285 (ACTIVE) - Sponsor Memo

2025-S5285 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5285
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN  ACT  to  amend  the  surrogate's court procedure act, in relation to
   persons who may become a voluntary administrator
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (a) of section 1303 of the surrogate's court
 procedure act, as amended by chapter 281 of the laws of 1995, is amended
 to read as follows:
   (a) If the deceased dies intestate, the right to act  as  a  voluntary
 administrator  is  hereby given [first to the surviving adult spouse, if
 any, of the decedent and if there be none or  if  the  spouse  renounce,
 then  in  order to a competent adult who is a child or] IN THE FOLLOWING
 ORDER TO A COMPETENT ADULT DISTRIBUTEE  WHO  IS  THE  SURVIVING  SPOUSE,
 CHILD,  grandchild,  parent, [brother or sister, niece or nephew or aunt
 or uncle] SIBLING, CHILD OF A SIBLING OR SIBLING  OF  A  PARENT  of  the
 decedent, or if there be no such person who will act, then to the guard-
 ian of the property of an infant, the committee of the property of [any]
 AN  incompetent person or the conservator of the property of a conserva-
 tee who is a distributee, THE FIDUCIARY OF A DECEASED DISTRIBUTEE, OR TO
 A COMPETENT ADULT WHO IS NOT A DISTRIBUTEE UPON THE  FILED  CONSENTS  OF
 ALL  COMPETENT  ADULT  DISTRIBUTEES,  and if none of the foregoing named
 persons will act or if there are no known distributees within the  cate-
 gories  listed  above,  then  to  the chief fiscal officer of the county
 except in those counties  in  which  a  public  administrator  has  been
 appointed  under  articles  eleven  and  twelve  of this act. [After the
 surviving spouse, the first distributee  within  the  class  of  persons
 entitled  or  if no distributee will act or there are no known distribu-
 tees within the class of persons entitled, then the chief fiscal officer
 of the county as above who makes and files the required affidavit,] UPON
 FILING THE REQUIRED AFFIDAVIT, THE PERSON HAVING THE  RIGHT  TO  ACT  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09894-01-5

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